HomeMy WebLinkAbout2014-06-09 Application LDP APPENDIX B - APPLICATION
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PLANNING DEPARTMENT
Community Development Division
Land Disturbance Permit Application
Please type or print clearly.
1.Petitioner: Brooks School
1.0 Petitioner's Address: 1160 Great Pond Road, North Andover MA 01845
Telephone number; (978)725-6214
2.Owners of the Land: Brooks School
Address: 1160 Great Pond Road,North Andover MA 01845
Number of years of ownership: 85 years
3.Address of Property Being Affected: Same
Zoning District: R1 & R2
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Assessors Map: 90c Lot 28
Registry of Deeds: Book#:' Page#: ~'
G.Description of Project; The project includes the renovation of an existing soccer field to include synthetic turf,
Sports Lights,pedestrian walkways,a small storage building,and associated site improvements.See plans for details.
5.Total Area to be Disturbed 2 acres(+1-)
6. Has there been a previous application (Special Permit or Definitive Subdivision)from the Planning Board on these
premises? Yes If so,when and for what type of construction?
Construction of two now soccer fields with sports lights was approved on this site in 2009
7. Has there been a previous application (NOURDA, Small Project, Certificate of Compliance),from the Conservation
Commission on these premises?No,not for this project. If so,when and what type?
8.Petitioner and Landowner signature(s).
Every application for a Land Disturbance Permit shall be made on this form, which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office, It shall be the responsibility of
the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or Planning Office does not absolve the applicant from this
responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to
comply with application requirements, as cited herein and in the Planning Board Rules and Regulations
may result in a dismiss a Planning Board of this application as incomplete.
Petitioner's Signature:
Print or type name here: Dean El lerh, Director of Operations
Owner's Signature:
Print or type name here: Dean Ellerton, Director of Operations
9.Please list title of plans and documents you will be attaching to this application.
Plans-Athletic Field Renovations,Brooks School,North Andover,Mossaohusetts.Dated April 4,2014 Prepared by Huntress Associates,Inc.
Inclusive of 14 sheets,total.
Stormwater Report-Prepared by Barbara J.Thissell,P.E.Inc.Civil Engineering dated April 4,2014
10.Application Fee to be included with the Application is$300,made payable by check to the Town of North Andover.
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These Stormwater Regulations may be periodically amended by the Planning Board in
accordance with the procedures outlined in Section 160-5 of the Town of North Andover
Stormwater Management and Erosion Control Bylaw.
3.0 DEFINITIONS
The definitions contained herein apply to issuance of a Land Disturbance Permit established by
the Town of North Andover Stormwater Management and Erosion Control Bylaw and
implemented through these Regulations. Terms not defined in this section shall be construed
according to their customary and usual meaning unless the context indicates a special or
technical meaning.
All definitions are provided in Appendix A of these Regulations.
4.0 ADMINISTRATION /
4.1 Permit Granting Authority
The Permit Granting Authority for a Land Disturbance Permit shall be the Planning Board and,
as such, the Planning Board shall administer, implement and enforce these Regulations. The
Planning Board may, by majority vote at a public meeting, delegate any of the
responsibilities for the administration of this Bylaw to the Town Planner (referred to
herein as designated Agent or Agent). Projects and activities approved by the Planning
Board or its Agent and for which a Land Disturbance Permit is issued shall be deemed in
compliance with the intent and provisions of these `Stormwater Management and Erosion
Control Regulations and with the bylaw.
4.2 Waivers
The Planning Board or its designated Agent may waive strict compliance with any requirement
of these regulations where such action is:
• Allowed by federal, state or local statutes, and
• Is in the public interest, and
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North Andover Stormwater Management and Erosion Control Regulations
Land Disturbance Permit
Adopted 2/15111
Contents
1.0 PURPOSE ...................................................................................................5
2.0 AUTHORITY —,............................. ...5
3.0 DEFINITIONS ..............................................................................................6
4.0 ADMINISTRATION ......................................................................................6
4.1 Permit Granting Authority...........................................................................6
4.2 Waivers................................................. 6
5.0 APPLICABILITY...........................................................................................7
6.0 LAND DISTURBANCE PERMIT PROCEDURES ........................................8
6.1 Applicant....................................................................................................8
6.2 Application .................................................................................................9
6.3 Completeness of Application......................................................................9
6.4 Distribution ............................................................................................... 10
6.5 Entry........................................................................ .................... 10
6.6 Fees......................................................................................................... 10
A. Application Fees..................................................................................... 10
B. Independent Consultant Reviews and Fees........................................... 11
C. Maintenance Fees for Municipally Operated Systems............................ 11
D. Revision of Fee Schedules and Regulations Governing Fees................ 12
6.7 Public Hearing.......................................................................................... 12
6.8 Actions ..................................................................................................... 13
6.9 Deadline for Action................................................................................... 13
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6.10 Appeals.................................................................................................... 14
6.11 Project Delay............................................................................................ 14
6.12 Plan Changes .......................................................................................... 14
6.13 Project Completion................................................................................... 15
7.0 STORMWATER MANAGEMENT PLAN .................................................... 15
7.1 Stormwater Management Plan Contents ................................................. 16
7.2 Design and Performance Criteria............................................................. 18
A. Low Impact Design (LID) ........................................................................ 18
B. Hydrologic and Hydraulic Criteria........................................................... 19
C. Recharge................................................................................................20
D. Water Quality..........................................................................................20
E. Redevelopment ......................................................................................21
F. Landscape Design..................................................................................22
8.0 EROSION AND SEDIMENT CONTROL PLAN..........................................22
8.1 Erosion and Sediment Control Plan Contents..........................................23
8.2 Erosion and Sediment Control Criteria.....................................................24
9.0 OPERATION AND MAINTENANCE PLAN................................................28
9.1 O&M Plan Contents .................................................................................28
9.2 Changes to Operation and Maintenance Plans........................
9.3 Operations & Maintenance Records ........................................................30
10.0 INSPECTIONS AND SITE SUPERVISION................................................30
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j 10.1 Preconstruction Meeting ..........................................................................30
9 10.2 Notice of Construction Commencement..................................... ...............30
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10.3 Erosion and Sediment Control Inspections ..............................................31
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10.4 Construction Inspections....................................................... ...33
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11.0 SURETY ........................................................................... ........................33
11.1 Stormwater Completion Surety ................................................................33
12.0 CERTIFICATE OF COMPLETION.............................................................34
13.0 ENFORCEMENT.................................................... ..............35
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13.1 Notices and Orders..................................................................................35
13.2 Fines ........................................................................................................36
13.3 Non-Criminal Disposition..........................................................................36
13.4 Remedies Not Exclusive ..........................................................................36
14.0 SEVERABILITY .........................................................................................36
APPENDIX A - DEFINITIONS ..............................................................................37
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STORMWATER MANAGEMENT AND EROSION CONTROL
REGULATIONS
1.0 PURPOSE
The United States Environmental Protection Agency has identified sedimentation and polluted
stormwater runoff from land disturbance, land development and redevelopment activities as
major sources of water pollution. To address the impact of these sources of water pollution, the
Town of North Andover has adopted a local Stormwater Management and Erosion Control
Bylaw, Chapter 160 (the bylaw). The bylaw is necessary to protect the Town of North Andover
water bodies and groundwater resources, to safeguard the health, safety, and welfare of the
general public and protect the natural resources of the Town.
Section 160-5 of the Town of North Andover Stormwater Management and Erosion Control
Bylaw authorizes the Planning Board to adopt regulations to effectuate the purposes of this
Bylaw. The purpose of these regulations is to clearly set forth administrative procedures and
design criteria necessary to achieve the objectives of the Town of North Andover Stormwater
Management and Erosion Control Bylaw: to prevent or diminish the impacts of sedimentation
and polluted stormwater from land disturbance, land development and redevelopment activities
by controlling runoff and preventing soil erosion and sedimentation from site construction and
development.
2.0 AUTHORITY
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j The Regulations contained herein have been adopted by the Planning Board in accordance
j with the Town of North Andover Stormwater Management and Erosion Control Bylaw, Section
3 160-5.
Nothing in these Regulations is intended to replace or be in derogation of the requirements of
the Town of North Andover Zoning Bylaw, the Town of North Andover Wetlands Protection
p Bylaw, the Town of North Andover General Bylaw, any other Bylaw that may be adopted by the
Town of North Andover, or any Rules and Regulations adopted thereunder.
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These Stormwater Regulations may be periodically amended by the Planning Board in
accordance with the procedures outlined in Section 160-5 of the Town of North Andover
Stormwater Management and Erosion Control Bylaw.
3.0 DEFINITIONS
The definitions contained herein apply to issuance of a Land Disturbance Permit established by
the Town of North Andover Stormwater Management and Erosion Control Bylaw and
implemented through these Regulations. Terms not defined in this section shall be construed
according to their customary and usual meaning unless the context indicates a special or
technical meaning.
All definitions are provided in Appendix A of these Regulations.
4.0 ADMINISTRATION
4.1 Permit Granting Authority
The Permit Granting Authority for a Land Disturbance Permit shall be the Planning Board and,
7� as such, the Planning Board shall administer, implement and enforce these Regulations. The
Planning Board may, by majority vote at a public meeting, delegate any of the
responsibilities for the administration of this Bylaw to the Town Planner (referred to
herein as designated Agent or Agent). Projects and activities approved by the Planning
Board or its Agent and for which a Land Disturbance Permit is issued shall be deemed in
compliance with the intent and provisions of these Stormwater Management and Erosion
Control Regulations and with the bylaw.
4.2 Waivers
The Planning Board or its designated Agent may waive strict compliance with any requirement
of these regulations where such action is:
• Allowed by federal, state or local statutes, and
• Is in the public interest, and
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• Is not inconsistent with the purpose and intent of the Town of North Andover Stormwater
Management and Erosion Control Bylaw, Chapter 160.
Any applicant may submit a written request to be granted such a waiver. Such a request shall
be accompanied by an explanation or documentation supporting the waiver request and
demonstrating that strict application of these Regulations does not further the purposes or
objectives of the Bylaw and these Regulations.
5.0 APPLICABILITY
These Stormwater Regulations apply to all activities subject to the Applicability Section of the
Stormwater Management & Erosion Control Bylaw, Chapter 160, except as exempted in
Section 160-4 (B) or unless the Planning Board or its designated Agent has determined that the
provisions of this Bylaw should be waived for the particular activity pursuant to Section 160-9 of
the Bylaw. Projects and/or activities not specifically under the currently regulated jurisdiction of
any of the Town of North Andover boards, commissions or departments but still within the
jurisdiction of the Town of North Andover Stormwater Management & Erosion Control Bylaw are
also subject to these regulations.
Activities entailing land disturbance or change in surface material (e.g. paving or repaving) of
over 43,560 square feet (one acre) must obtain a Land Disturbance Permit from the Planning
Board or its designated Agent in accordance with the permit procedures and requirements
defined in Section 6.0 of these Regulations.
If the area of disturbance is less than 43,560 square feet, but either the project site or the area
of land draining to it, (based on existing topography and surface hydrology), are greater than or
equal to 43,560 square feet, and if any alteration in the direction, rate, timing, quantity or quality
of runoff from the site is proposed a Land Disturbance Permit is also required. For example, if a
property owner wants to relocate an existing drainage Swale on his property and the upgradient
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area that flows to the swale is at least 43,560 square feet, a permit will be required.
For the purposes of calculating the area of land disturbed or changes in surface materials, the
methodology set forth by EPA in the stormwater regulations applicable to the Town of North
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Andover 40 CFR 122.26(b)(15)(i) will be followed. Specifically, a potential permittee shall
apply for a permit if a single construction activity will disturb 43,560 square feet or more of land
or will disturb less than 43,560 square feet but is part of a larger common plan or development
or sale that would disturb 43,560 square feet or more. A larger common plan of development or
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sale means a contiguous area where multiple separate and distinct construction activities are
planned to occur at different times on different schedules under one plan, e.g., a housing
development of five V4 acre lots. A single operator with multiple, but separate and distinct,
construction activities not part of a larger common plan of development or sale, as defined in
this paragraph, need not apply for a permit so long as each distinct construction activity disturbs
less than 43,560 square feet of land.
6.0 LAND DISTURBANCE PERMIT PROCEDURES
No land owner or land operator shall initiate regulated land disturbance activities without first
meeting the requirements of this Bylaw and obtaining a Land Disturbance Permit (LDP) from
the Planning Board prior to commencing the proposed activity.
Projects requiring a Land Disturbance Permit shall be required to submit the materials as
specified in this section, and are required to meet the stormwater management criteria as
specified in Section 7.2.
6.1 Applicant
The Applicant for a Land Disturbance Permit shall be the owner of record of all of the land
shown on any plan submitted for approval to the Planning Board, or any person or persons
authorized to submit plans and/or documents on behalf of the owner.
The owner shall certify in writing the identity of each Applicant who is authorized to submit plans
and/or documents and act on behalf of the owner, including engineers, surveyors, contractors
or attorneys, or any person or persons having an equitable interest in the land under an
agreement or option to purchase the land.
Regardless of whether the Applicant is the owner of the property or an authorized
representative, all applications for a Land Disturbance Permit shall include original signatures of
all owners. Where the owner is a partnership, trust or corporation, documents must be
submitted indicating who has signing authority to enter into agreement on behalf of the
partnership, trust or corporation. If the property owner subsequently withdraws consent to the
application after the application is filed, the Board may deny the application for this lack of
consent of the owner.
6.2 Application
Applications for a Land Disturbance Permit shall include the materials as specified in this
section and must meet the stormwater management criteria as specified in Section 7.2. The
applicant shall file with the Planning Board or its designated Agent, two paper copies plus one
digital copy of a completed application package for a Land Disturbance Permit (LDP). Additional
copies may be requested by the Planning Board or its designated Agent as needed. The Land
Disturbance Permit Application package shall include:
a) A completed Application Form with original signatures of all owners (see form in
Appendix A;
b) If a Public Hearing is required, a list of abutters, certified by the Assessor's Office
(abutters at their mailing addresses shown on the most recent applicable tax list of the
assessors, including owners of land directly opposite on any public or private street or
way, and abutters to the abutters within 300 feet of the property line of the applicant,
including any in another municipality or across a body of water);
c) Payment of applicable application and review fees in accordance with the current
Schedule of Planning Board Filing Fees.
d) Stormwater Management Plan (Section 7);
e) Erosion and Sediment Control Plan (Section 8 };
f) Operation and Maintenance Plan (Section 9) .
6.3 Completeness of Application
Applications shall be reviewed for form and contents in accordance with Section 7.2 of these
Regulations. The Planning Staff shall notify the applicant of any deficiencies in the application
package within 14 days of receipt.
No further action shall be taken on an Application until it is deemed complete.
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The Planning Board or its designated agent may request additional information as is necessary
to enable the Planning Board to determine whether the proposed land disturbance activity will
comply with the provisions of the bylaw.
The Planning Board or its designated agent has the authority to waive any application
requirements if it finds that such information is not needed for a thorough review of an
application.
6.4 Distribution
Once an Application is deemed complete, Planning Staff shall file one copy of the Application
packet with the Town Clerk, and distribute additional copies to the Public Works, Conservation,
Building/Zoning and other departments as appropriate.
6.5 Entry
The Planning Board or its agent shall have the authority, with prior approval from the
property owner, or pursuant to court process, to enter upon privately owned land for the
purpose of performing their duties under this Bylaw and its regulations and may make or
cause to be made such inspections, surveys or sampling as the Planning Board deems
reasonably necessary to determine compliance with the permit.
6.6 Fees
Fees shall be payable to the Town of North Andover in the form of a money order, bank or
certified check.
An Applicant's failure to pay any additional review or inspection fee within five business days of
receipt of the notice that further fees are required may be grounds for disapproval of the
application.
A. Application Fees
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An Application Fee may be established by the Planning Board to cover expenses connected
with the review of the Land Disturbance Permit. The amount of such fees will be listed in the
Schedule of Planning Board Filing Fees.
B. Independent Consultant Reviews and Fees
In addition to the above fees, the Planning Board is authorized to require an applicant to pay a
fee for the reasonable costs and expenses for specific expert engineering, environmental site
monitoring, and other consultant services deemed necessary by the Planning Board for proper
review of an application or to ensure compliance.
Such fee shall be held in escrow, to be used to engage independent consultants should the
Planning Board determine this to be necessary, based on the characteristics or complexity of
the issues raised by the application. Such fee shall be governed and administered in
accordance with M.G.L.,c.44, § 53G or § 53E 1/ .
If the Planning Board finds that the initial deposit is not sufficient to cover the cost of the
independent consultant services, the applicant shall be required to submit forthwith such
additional amount as is deemed required by the Planning Board to cover such costs. The
Planning Board shall notify the applicant of such additional amount in writing by certified mail.
Failure to submit such additional amount as required by the Board within fourteen (14) days of
receipt of said notice shall be deemed reason by the Board to deny said application.
If the actual cost incurred by the Town for review of said application is less than the amount on
deposit as specified above, the Planning Board shall authorize that such excess amount be
refunded to the applicant concurrently with final action on said application.
In order to minimize costs to the applicant, the Planning Board will accept the findings of
any previous outside environmental review of the project conducted for another town board
or committee, provided it meets the Board's needs in ensuring proper review of an application
and assessing compliance with the Bylaw and Regulations.
C. Maintenance Fees for Municipally Operated Systems
Any development subject to a Land Disturbance Permit which will require Town inspection,
maintenance, ownership or operation of the stormwater system shall be subject to a non-
refundable charge based on the cost of implementing an O&M Plan prepared in accordance
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with DEP standards and any specific conditions of a permit granted under the Bylaw for a 3-
year period. The funds for maintenance shall be paid to the Town for disbursement by the
Director of Public Works to either the Department of Public Works, or to contracted services.
D. Revision of Fee Schedules and Regulations Governing Fees
The Planning Board may review and revise its fee schedules periodically as it sees fit.
Amendments shall be preceded by a public hearing.
The Planning Board or its designated Agent may waive or discount its fees applicable under the
Bylaw and these Regulations at its discretion, particularly for minor projects that do not warrant
significant additional review.
6.7 Public Hearing
Except when issuance of the Land Disturbance Permit has been delegated to the Town
Planner, or when the project has already been reviewed by the Conservation or Planning
Departments for stormwater effects, the Planning Board will hold a public hearing on the
application where comments and questions from the public regarding the application will be
addressed. A notice in the local newspaper of a hearing on the Land Disturbance Application
and that the Planning Board is accepting comments on the Land Disturbance Application shall
be published at the applicant's expense, at least five (5) business days before the hearing date.
Copies of the notice shall be mailed, postage prepaid, to the applicant, property owner (if
different) and abutters (as listed on the certified abutters list) at least seven (7) business days in
advance of the hearing.
In addition, the Land Disturbance Application shall be available for inspection by the public
during normal business hours at the Town offices. Comments may be submitted to the Planning
Board during business hours at the Town offices.
Once begun, the public meeting may not continue for more than sixty (60) days unless such
time is extended by written agreement between the applicant and the applicant to a date certain
announced at the meeting.
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6.8 Actions
The Planning Board or its designated Agent's action on a Land Disturbance Permit Application,
rendered in writing, shall consist of either:
a) Approval of the Application and issuance of a Land Disturbance Permit if it finds that the
proposed plan meets the Standards and Criteria set forth in the Bylaw and these
Regulations, will adequately protect water resources, and meets the objectives and
requirements set forth in the Bylaw and these Regulations;
b) Approval of the Application and issuance of a Land Disturbance Permit with conditions,
modifications, requirements for operation and maintenance requirements of permanent
structural BMPs, designation of responsible party, or restrictions that the Planning Board
or its designated Agent determines are required to ensure that the project plan will
adequately protect water resources, and meets the objectives and requirements set
forth in the Bylaw and these Regulations; or
c) Disapproval of the Application and denial of a Land Disturbance Permit if it finds that the
proposed plan, as submitted fails to meet the objectives and requirements of this Bylaw
and its Regulations or to adequately protect water resources, as set forth in the Bylaw
and these Regulations. If the Planning Board finds that the applicant has submitted
insufficient information to describe the site, the work, or the effect of the work on water
quality and runoff volume, the Planning Board may also disapprove the application,
denying a permit.
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6.9 Deadline for Action
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Failure of the Planning Board or its designated Agent to take final action upon an
i Application for a Land Disturbance Permit within 60 calendar days of receipt of a
complete application shall be deemed to be approval of said application, unless
extension of said deadline date is mutually agreed upon in writing by the Reviewing
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Agent and the applicant. Upon certification by the Town Clerk that the allowed time has
passed without Planning Board action, the Planning Board or its designated Agent shall
issue a Stormwater Management Permit.
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If, in the Planning Board's opinion, additional time or information is required for review,
the Planning Board by written agreement of the applicant may continue a consideration
of the request for permit to a date certain announced at the meeting.
6.10 Appeals
A written decision of the Planning Board shall be final when it is executed by the
Planning Board or its chair or acting chair and filed in the Town Clerk's office. Further
relief of a decision by the Planning Board made under the Bylaw shall be reviewable in
the Superior Court or Land Court in accordance with applicable law. Appeal action shall
be filed within 60 days of issuance in accordance with M.G.L. Ch 249 § 4. The remedies
listed in this Bylaw are not exclusive of any other remedies available under any
applicable federal, state or local law.
No work shall commence until the applicable appeal period has passed with no appeal or if an
appeal has been filed, the appeal has been finally resolved by adjudication or otherwise. Prior
to the start of construction, the applicant must obtain written verification from the Town Clerk
that no appeals of the Planning Board's decision are pending.
6.11 Project Delay
Should a land-disturbing activity associated with an approved plan in accordance with this
Section not begin within 12 months following permit issuance, the Planning Board may re-
evaluate the approved stormwater management plan to determine whether the plan still
satisfies local program requirements and to verify that all design factors are still valid. If the
Board finds the previously filed plan to be inadequate, a modified plan shall be submitted and
approved prior to the commencement of land-disturbing activities
All activity, exclusive of maintenance required in perpetuity, permitted by the Land
Disturbance Permit must be completed within two years of permit issuance. Extensions
of time can be granted by the Planning Board upon formal written request by the
applicant, made at least 30 days prior to expiration of the permit.
6.12 Plan Changes
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The Applicant/permittee, or the Applicant's agent, must notify the Planning Board or its
designated agent in writing of any change or alteration in a permitted activity before such
change or alteration occurs. Modifications resulting in grade changes less than one (1) foot
may be considered minor and may be granted by the Planning Board's designated agent, If the
Planning Board or its designated agent determines that the change or alteration is significant,
based on the design criteria in these Regulations, the Planning Board may require that an
amended application or a new application (including applicable fees unless waived by the
Planning Board) be filed. If any change or alteration from the Land Disturbance Permit occurs
during land disturbing activities, including significant changes in schedule, the Planning Board
or its designated agent may require the installation of interim erosion and sedimentation control
measures before considering the change or alteration.
6.13 Project Completion
The Planning Board will issue a Certificate of Completion upon receipt and approval of final
reports and documentation as outlined in Section 12.0 of these Regulations and/or upon
otherwise determining that all work of the permit has been satisfactorily completed in
accordance with the Bylaw. The Certificate of Completion shall be recorded at the Essex North
District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the
applicant's expense and proof of recording provided to the Planning Board.
7.0 STORMWATER MANAGEMENT PLAN
An application for a Land Disturbance Permit shall include the submittal of a Stormwater
Management Plan (SMP) to the Planning Board, The Stormwater Management Plan shall
contain sufficient information for the Planning Board to evaluate the environmental impact,
effectiveness and acceptability of the measures proposed by the applicant for reducing adverse
impacts from stormwater runoff, and to assess compliance with these Regulations.
The Stormwater Management Plan shall be designed to meet the most recent version of the
Massachusetts Stormwater Standards and additional criteria established in Section 7.2 of these
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Regulations, and must be submitted with the stamp and signature of a Professional Engineer
(PE) licensed to conduct such work in the Commonwealth of Massachusetts. The engineer
shall certify that the plan complies with all the requirements of the Town of North Andover
Stormwater Management & Erosion Control Bylaw and these Regulations, except as noted.
Failure to have these certifications shall result in denial of the application.
7.1 Stormwater Management Plan Contents
The Stormwater Management Plan shall fully describe the project in drawings, narrative, and
calculations. It shall include:
a) Contact Information. The name, address, and telephone number of all persons having a
legal interest in the property and the tax reference number and parcel number of the
property or properties affected;
b) A brief narrative description of the project, including how and where stormwater is to be
controlled;
c) A locus map;
d) Location and names of all abutters as they appear on the most recent tax list(s) including
those in adjacent communities;
e) The size of the entire parcel, each drainage area on or to the parcel, and the delineation
and number of square feet of the land area subject to disturbance;
f) The existing zoning and land use at the site and abutting properties;
g) The proposed land use;
h) Surveyed property lines showing distances and monument locations, all existing and
proposed easements, rights-of-way, utilities and other encumbrances;
i) Lines of existing abutting streets showing drainage and driveway locations and curb cuts;
j) Existing and proposed topography on the site, at two foot (2') intervals, with areas of
steep slopes between 15 and 25 percent, and over 25 percent specifically delineated,
and with spot elevations provided when needed. Existing topography fifty feet (50')
beyond the perimeter of the parcel as it appears on the most current Town of North
Andover topographic mapping shall also be shown;
k) Location, delineation and description (including pertinent hydrology and water quality) of
all existing and proposed watercourses, water bodies, and Wetland Resource Areas on
or entering the site, or adjacent to the site, or into which stormwater from the site flows,
collects or percolates.
1) Wetland Resource Areas shall include those protected under the Massachusetts
Wetlands Protection Act (MGL CH 131, Sec 40) and/or the Town of North Andover
Wetlands Protection Bylaw (Chapter 178);
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The location of the 100-year flood boundary on or within one hundred feet (100') of the
project site, based upon the most recent Flood Insurance Rate Map (FIRM) or as
calculated by a professional engineer for areas not assessed on these maps;
m) Location, delineation and description of habitats mapped by the Massachusetts Natural
Heritage & Endangered Species Program as Endangered, Threatened or of Special
Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, Potential Vernal
Pools, and Priority Habitats of Rare Species within five hundred (500) feet of any
proposed area of disturbance;
n) The general outline of existing vegetation, wooded areas, significant trees, unique
species and tree clusters and the extent of all vegetation, wooded areas, significant
mature trees, unique species and/or tree clusters to be removed;
o) Locations of existing and proposed wells and septic systems on or within 100 feet of the
site;
p) A drainage area map showing pre and post construction watersheds, subwatersheds
and stormwater flow paths, including municipal drainage system flows;
q) A description of existing soils on the site (type, hydrologic soil group, erodibility), and the
volume and nature of any imported soil materials;
r) Estimated seasonal high groundwater elevation in areas to be used for stormwater
retention, detention, or infiltration, and the basis for determination;
s) Proposed improvements, including locations of buildings or other structures, impervious
surfaces, and drainage facilities;
t) A description and drawings of all components of the proposed stormwater management
system including:
i. Locations, cross sections, and profiles of all brooks, streams, drainage swales
and their method of stabilization;
ii. All measures for the detention, retention or infiltration of water;
iii. All measures for the protection of water quality;
iv. The structural details for all components of the proposed
drainage systems and stormwater management facilities;
V. Notes on drawings specifying materials to be used, construction specifications,
and typical details.
u) Hydrologic and hydraulic design calculations for the pre-development and post-
development conditions for the design storms specified in this Regulation. Such
calculations shall be conducted in accordance with the most recent version of the
Massachusetts Stormwater Handbook and the criteria set forth in Section 7.2 and shall
include:
i. Description of the design storm frequency, intensity and duration;
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ii. Time of concentration;
iii. Soil Runoff Curve Number (RCN) based on land use and soil hydrologic
group;
iv. Peak runoff rates and total runoff volumes for each watershed and
subwatershed area under existing and proposed conditions;
v. Infiltration rates, where applicable;
vi. Culvert capacities
vii. Flow velocities;
viii. Documentation of sources for all computation methods and field test results.
v) Post-Development downstream analysis, if deemed necessary by the Planning Board;
Site plans included with the Stormwater Management Plan shall be prepared on 24x 36 inch
sheets and shall include a title, date, north arrow, names of abutters, scale (1"=20' or
1"-40'), legend, and locus map (1"=800'). Revised plans shall contain a notation listing and
describing all revisions, additions, and deletions made to the originally submitted plans and the
date of each.
7.2 Design and Performance Criteria
At a minimum all projects subject to a Land Disturbance Permit shall comply with the criteria,
specifications, and performance standards of the most recent version of Massachusetts
Stormwater Management Standards and accompanying Stormwater Management Handbook,
as well the criteria contained herein. The following general performance criteria shall be
applicable to all stormwater management plans, unless otherwise provided for in this
Regulation:
A. Low Impact Design (LID)
a) The design of the project shall, to the maximum extent feasible, employ environmentally
sensitive site design as outlined in the most recent version of the Massachusetts
Stormwater Management handbook and shall attempt to reproduce natural hydrologic
conditions with respect to ground and surface waters.
b) Evaluation of Low Impact Development practices is required and implementation of such
practices to the maximum extent practicable is encouraged. Guidance on these practices
is provided in the Massachusetts Stormwater Management Handbook.
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c) In order to conserve potable water supplies and maximize recharge, it may be
appropriate on some sites to store and reuse clean runoff (e.g. from roofs) for reuse on
the site for irrigation or other graywater purposes. This can be accomplished through the
use of cisterns and rain barrels. Where appropriate, a water budget may be required to
be prepared to determine applicability.
B. Hydrologic and Hydraulic Criteria
a) Hydrologic analyses using TR-551TR-20 methodology shall be performed on the entire
project site and include any off site areas that drain to or through the project site.
b) The analyses shall be analyzed for the 2, 10, 25 and 100-year design storms under pre-
development and post-development conditions. In addition, analyses shall be analyzed
for the 1 inch storm for those areas that are defined as `critical areas', in the
Massachusetts Stormwater Handbook; otherwise, the analyses shall be performed for
the inch storm. The 24-hour rainfall amounts for the 2, 10, 25 and 100 year storms are
to be based on the Northeast Regional Climate Center (NRCC) "Atlas of Precipitation
Extremes for the Northeastern United States and Southeastern Canada" or more recent
NRCC data as it is developed. For North Andover, the 24 hr rainfall amounts are as
follows (rounded to the nearest one-tenth of an inch):
2-yr, 24 hr event = 3.2 inches
10-yr, 24 hr event = 4.8 inches
25-yr, 24 hr event = 6.0 inches
100-yr, 24 hr event = 8.6 inches
The total volumes should be used with a Type III SCSINRCS synthetic rainfall
distribution, or rainfall distribution based on local precipitation frequency data.
c) The post-development peak discharge rate shall be equal to or less than the pre-
development peak discharge rate (based on a 2-year, 10-year, 25-year, and 100-year,
24-hour storm.
d) Hydrologic analyses are to be performed on a pre and post sub-watershed basis with
designated control points at each location where runoff leaves the site or enters a water
body.
e) The same land area shall be used in the analysis to facilitate comparison of existing and
proposed conditions.
f) The total volume of discharge as well as peak rate shall be evaluated at each control
point.
g) The site shall be designed to ensure that all runoff from the site up to the 100 year storm
enters the flow control structure(s). For example, the drainage system may only be sized
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to handle a 25-year storm, with larger storms flooding the distribution system and
traveling overland. This overland flow, or overflow, must be directed into the peak flow
control structure(s);
h) Any site that was wooded within the last five years must be considered undisturbed
woods for all pre-construction runoff conditions, regardless of clearing or cutting activities
that may have occurred on the site during that pre-application period;
i) For purposes of computing runoff, all pervious lands on the site shall be assumed prior
to development to be in good condition regardless of conditions existing at the time of
computation.
j) Off-site areas should be modeled as "present land use condition" in good hydrologic
condition.
k) The length of overland sheet flow used in time of concentration (tc) calculations shall be
limited to no more than 50 feet for pre- and post-development conditions.
1) Detention time for the one-inch storm is defined as the center of mass of the inflow
hydrograph and the center of mass of the outflow hydrograph.
C. Recharge
a) Annual groundwater recharge rates shall be maintained, by promoting infiltration through
the use of structural and non-structural methods. At a minimum, annual recharge from
the post development site shall mimic the annual recharge from the pre-development site
condition.
b) The stormwater runoff volume to be recharged to groundwater should be determined
using the methods prescribed in the latest version of the Massachusetts Stormwater
Management Handbook.
c) The recharge volume criteria do not apply to any portion of a site designated as a
stormwater hotspot. Hotspots are defined as sites with higher potential pollutant loads,
based on the Massachusetts Stormwater Management Handbook.
d) The Planning Board may alter or eliminate the recharge volume requirement if the site is
situated on unsuitable soils (i.e., marine clays), karst or in an urban redevelopment area.
In this situation, non-structural practices (filter strips that treat rooftop or parking lot
runoff, sheet flow discharge to stream buffers, and grass channels that treat roadway
runoff) should be implemented to the maximum extent practicable and the remaining or
untreated volume included in the water quality volume.
D. Water Quality
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a) The Stormwater Management Plan shall incorporate source controls of contaminants
and employ Best Management Practices (BMPs) to minimize stormwater pollution.
b) The water quality volume for sizing of water quality best management practices (BMPs)
shall be based on 1/2-inch of runoff from the tributary area and, in all cases, shall be
consistent with the latest version of the Massachusetts Stormwater Standards, including
standards for critical environmental areas. Zones A and B of Lake Cochichewick are
considered critical areas.
c) All water quality BMPs shall be selected and designed using the appropriate criteria from
the most recent version of the Massachusetts DEP Stormwater Management Manual.
d) For other water quality BMPs not included in the Massachusetts Stormwater
Management Manual, or for which pollutant removal rates have not been provided, the
effectiveness and pollutant removal of the structural control must be documented
through prior studies, literature reviews, or other means and receive approval from the
Planning Board before being included in the design of a stormwater management
system.
e) For projects within the Lake Cochechiwick and Shawsheen River watershed areas,
suitable water quality BMPs must be selected in consideration of the sensitivity and/or
impaired status of the receiving water body.
f) Adequate access shall be provided to all water quality BMPs for inspection and
maintenance.
g) The perimeter of all surface basins shall be curvilinear so that from most edges of the
basin, the whole basin will not be in view. A more traditionally shaped (oval or
rectangular) basin may be permitted when conditions such as topography, parcel size, or
other site conditions warrant. Basins shall follow natural landforms to the greatest extent
possible or be shaped to mimic a naturally formed depression.
h) Inlets and outlets of surface basins shall be placed to maximize the flow path through the
facility. At a minimum, the flow path shall be twice as long as wide. Baffles, pond shaping
or islands can be added within the permanent pool to increase the flow path. If there are
multiple inlets, the length-to-width ratio shall be based on the average flow path length
for all inlets.
i) Low flow outlets shall be designed to prevent clogging.
E. Redevelopment
a) Projects involving redevelopment of existing sites shall be designed in accordance with
the redevelopment checklist provided in the latest Massachusetts Stormwater Handbook.
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b) All redevelopment projects must provide a net improvement to stormwater conditions at
the site, either in the area of disturbance or to other areas on the site. The Planning
Board may require improvements to areas outside of disturbance activity where known
problems exist and reasonable solutions are available. Such opportunities might include:
i. Reduce impervious surfaces
ii. Implement source controls of potential stormwater pollutants on the entire site
iii. Reroute drainage to maximize treatment efficiencies
iv. Segregate roof runoff for direct infiltration or capture and re-use.
V. Update Operation and Maintenance plans and procedures for the entire site
F. Landscape Design
a) Landscape designs shall be developed based on soil, light and other site specific
conditions. Plant species shall be chosen for their ability to thrive in the post-
development soil, water and use conditions of the site without significant supplemental
water or fertilizer, once established.
b) Plant species shall be native to inland Essex County or shall be cultivars of these native
species.
c) Wildflower meadows and shrubs are advisable to reduce the amount of lawn or turf on a
site.
d) For landscape areas adjacent to roadways, salt tolerant plans shall be used.
e) Irrigation shall be provided by the use of a rain water harvesting system to the extent
feasible.
8.0 EROSION AND SEDIMENT CONTROL PLAN
An Erosion and Sediment Control Plan is required at the time of application for all projects,
unless the requirement has been waived. Plan approval by the Planning Board or its Agent is
required prior to any site altering activity. The plan shall be designed to ensure compliance with
the Permit, these Regulations, and if applicable, the NPDES General Permit for Storm Water
Discharges from Construction Activities. In addition, the plan shall ensure that the
Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons.
If a project requires a Stormwater Pollution Prevention Plan (SWPPP) per the NPDES General
Permit for Storm Water Discharges from Construction Activities, then the Applicant is required
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to submit a complete copy of the SWPPP (including the signed Notice of Intent and approval
letter) as part of its application for a LDP. If the SWPPP meets the requirements of the NPDES
General Permit, it will be considered equivalent to the Erosion and Sediment Control Plan
described in this Section.
8.1 Erosion and Sediment Control Plan Contents
The Erosion and Sediment Control Plan shall contain sufficient information to describe the
nature and purpose of the proposed development, pertinent conditions of the site and the
adjacent areas, and proposed erosion and sedimentation controls. The applicant shall submit
such material as is necessary to show that the proposed development will comply with the
design criteria listed in Section 8.2.
For larger developments where construction phasing occurs, the Erosion and Sediment Control
Plan shall be updated as needed based on changing conditions at the site.
The Erosion and Sediment Control Plan shall include, at a minimum:
a) A general location map (e.g., USGS quadrangle map, a portion of a city or county map,
or other map) with enough detail to identify the location of the construction site and
waters of the United States within one mile of the site.
b) A legible site map, showing the entire site, identifying at a minimum:
i. Limits of clearing and grading;
ii. Locations and methods of all proposed erosion/sedimentation
measures and BMPs, including key dimensions and other important
details;
iii. Detailed drawings and types of both temporary and permanent erosion and
sediment control structures;
iv. The location of critical areas on the site (areas that have potential for
serious erosion problems.)
v. Path and mechanism to divert uncontaminated water around disturbed
areas, to the maximum extent practicable.
vi. Location of temporary and permanent seeding, vegetative controls, and
other temporary and final stabilization measures.
vii. Locations for storage of materials, waste, vehicles, equipment, soil, snow
and other potential pollutants;
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viii. Locations where stormwater discharges to a surface water (include all
roads, drains and other structures that could carry stormwater to a wetland
or other water body, on or offsite); and
ix. Locations of any proposed dewatering facilities.
c) Description of the following in narrative, calculations or drawings, as appropriate:
i. All pollution control measures (structural and non-structural BMPs) that will be
implemented as part of the construction activity to control pollutants in storm
water discharges. Appropriate control measures must be identified for each
major construction activity and the operator responsible for the implementation
of each control measure must also be identified;
ii. The intended sequence and timing of development including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization, and the general sequence during the construction process in
which the erosion and sediment control measures will be implemented;
iii. Structural practices to divert flows from exposed soils, retain/detain flows or
otherwise limit runoff and the discharge of pollutants from exposed areas of
the site;
iv. Interim and permanent stabilization practices for the site, including a schedule
of when the practices will be implemented;
v. A maintenance schedule for the period of construction;
vi. Construction and waste materials expected to be stored on-site with updates
as appropriate, including descriptions of controls, and storage practices to
minimize exposure of the materials to stormwater, and spill prevention and
response practices;
vii. Measures to minimize, to the extent practicable, off-site vehicle tracking of
sediments onto paved surfaces and the generation of dust;
viii. Proposed dewatering operations including proposed locations of discharge;
ix. Description of and implementation schedule for temporary and permanent
seeding, vegetative controls, and other temporary and final stabilization
measures; and
X. Measures used to maintain the infiltration capacity of existing soils where any
kind of infiltration is proposed.
8.2 Erosion and Sediment Control Criteria
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The Erosion and Sediment Control Plan shall be designed to meet the following criteria and
guidelines.
a) Minimize total area of disturbance and minimize unnecessary clearing and grading from
all construction sites. Clearing and grading shall only be performed within areas needed
to build the project, including structures, utilities, roads, recreational amenities, post-
construction stormwater management facilities, and related infrastructure.
b) Keep stormwater runoff velocities low. The removal of existing vegetative cover during
development and the resulting increase in impermeable surface area after development
will increase both the volume and velocity of runoff. These increases must be taken into
account when providing for erosion control.
c) Protect disturbed areas from stormwater runoff. Best management practices can be
utilized to prevent water from entering and running over the disturbed area. Diversions
and other control practices intercept runoff from higher watershed areas, store or divert it
away from vulnerable areas, and direct it toward stabilized outlets.
d) Placement of structural practices in floodplains must be avoided to the degree
practicable.
e) Site plans should ensure that existing vegetation is preserved where possible and that
disturbed portions of the site are stabilized. Use of impervious surfaces for stabilization
should be avoided.
f) Prior to any land disturbance activities commencing on the site, the developer shall
physically mark limits of no land disturbance on the site with tape, signs, or orange
construction fence, so that workers can see the areas to be protected. The physical
markers shall be inspected daily.
g) Appropriate erosion and sediment control measures shall be installed prior to
disturbance and maintained in accordance with the manufacturer's specifications and
good engineering practices to ensure they perform as intended. Sediment in runoff water
shall be trapped and retained within the project area. Wetland areas and surface waters
shall be protected from sediment.
h) Erosion and Sediment Control measures used shall be chosen based on the goal of
minimizing site disturbance from installation of such measures.
i) Sediment trapping and settling devices shall be employed to trap and/or retain
suspended sediments and allow time for them to settle out in cases where perimeter
sediment controls (e.g., silt fence and hay bales) are deemed to be ineffective in trapping
suspended sediments on-site. Sediment basins shall also be used to minimize peak rate
of runoff in accordance with the Massachusetts Stormwater Standards.
j) BMPs to be used for infiltration after construction shall not be used as BMPs during
construction unless otherwise approved by the Board. Many infiltration technologies are
not designed to handle the high concentrations of sediments typically found in
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construction runoff, and thus must be protected from construction related sediment
loadings.
k) Sediment shall be removed once the volume reaches '/ to '/ the height of a hay bale.
Sediment shall be removed from silt fence prior to reaching the load-bearing capacity of
the silt fence which may be lower than % to 'h the height.
1) Sediment from sediment traps or sedimentation ponds shall be removed when it reaches
a depth of six inches.
m) On and off-site material storage areas, including construction and waste materials, shall
be properly protected and managed.
n) Erosion and sediment controls shall be coordinated with the sequence of grading,
development and construction operations; control measures shall be in effect prior to
commencement of each increment/phase of the process and control measures from prior
phases shall continue to be maintained until the site is stabilized;
o) Land disturbance activities exceeding two acres in size shall not be disturbed without a
sequencing plan that requires stormwater controls to be installed and the soil stabilized,
as disturbance beyond the two acres continues. Mass clearings and grading of the entire
site should be avoided. Prior to any construction on the site, applicant shall submit a
construction phasing plan to the Planning Department for review and approval.
p) Soil and other materials shall not be stockpiled or redistributed, either temporarily or
permanently, in locations or in such a manner as would cause suffocation of tree root
systems;
q) Topsoil shall be stripped from disturbed areas, stockpiled in approved areas and
stabilized with temporary vegetative cover if it is to be left for more than thirty (30)
calendar days; perimeter sediment controls shall be installed around each area of
stockpiled topsoil.
r) Soil stockpiles must be stabilized or covered at the end of each workday. Stockpile side
slopes shall not be greater than 2:1. All stockpiles shall be surrounded by sediment
controls.
s) Projects must comply with applicable Federal, State and local laws and regulations
including waste disposal, sanitary sewer or septic system regulations, and air quality
requirements, including dust and debris control.
t) A tracking pad shall be constructed at all entrance/exist points of the site to reduce the
amount of soil carried onto roadways and off the site.
u) Dust shall be controlled at the site.
v) On the cut side of roads, ditches shall be stabilized immediately with rock rip-rap or
other non-erodible liners, or where appropriate, vegetative measures such as sod.
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w) All graded areas beyond the Street Right-of-Way shall be covered with four (4") inches
of topsoil and planted with a native species of vegetative cover, sufficient to prevent
erosion;
x) Temporary seeding, mulching or other suitable stabilization methods shall be used to
protect exposed soil areas during construction; as feasible, natural vegetation shall be
retained and protected; during the months of October through March, when seeding may
be impractical, an anchored mulch or sod shall be applied as approved by the Planning
Board or by its Designee; diversions and/or prepared outlets may be required in critical
areas during construction.
y) Permanent seeding shall be undertaken in the spring from March through May, and in
late summer and early fall from August to October 15. During the peak summer months
and in the fall after October 15, when seeding is found to be impractical, appropriate
temporary mulch shall be applied. Permanent seeding may be undertaken during the
summer if plans provide for adequate mulching and watering.
z) Permanent .vegetation and erosion control structures, as necessary, shall be installed
preferably immediately after construction is completed but otherwise no later than the
first full spring season immediately thereafter; they shall comply with the erosion and
sedimentation vegetative practices recommended by the U.S. Soil Conservation Service;
aa)Native species shall be used for re-vegetation;
bb)Slopes (greater than 3:1) shall be protected from erosion by limiting clearing of these
areas in the first place or, where grading is unavoidable, by providing special techniques
to prevent upland runoff from flowing down a steep slope and through immediate
stabilization to prevent gullying. Offsite runoff shall be diverted from highly erodible soils
and steep slopes to stable areas.
cc) Interim and permanent stabilization measures shall be instituted on a disturbed area
immediately after construction activity has temporarily or permanently ceased on that
portion of the site. Two methods are available for stabilizing disturbed areas: mechanical
(or structural) methods and vegetative methods. In some cases, both are combined in
order to retard erosion.
dd)Temporary sediment trapping devices must not be removed until permanent stabilization
is established in all contributory drainage areas. Similarly, stabilization shall be
established prior to converting sediment traps/basins into permanent (post-construction)
stormwater management facilities. All facilities used as temporary measures shall be
cleaned prior to being put into final operation.
ee)AII temporary erosion and sediment control measures shall be removed after final site
stabilization. Disturbed soil areas resulting from the removal of temporary measures shall
be permanently stabilized within 30 days of removal.
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9.0 OPERATION AND MAINTENANCE PLAN
An Operation and Maintenance Plan (O&M Plan) for the permanent storm water management
system is required at the time of application for all projects. The O&M Plan shall be designed to
ensure compliance with these Regulations, the Massachusetts Stormwater Management
Standards, and the Massachusetts Surface Water Quality Standards contained in 314 CMR
4.00 in all seasons and throughout the life of the system.
Once approved by the Planning Board, the Operation and Maintenance Plan shall remain on
file with the Planning Board and shall be an ongoing requirement. Depending on the complexity
of the systems installed, the Planning Board may require that the O&M Plan be recorded at the
Essex North Registry of Deeds by the Planning Board or its agent at the expense of the current
owner(s).
9.1 O&M Plan Contents
a) The Operation and Maintenance Plan shall be a stand-alone document prepared by a
Massachusetts licensed Professional Engineer and shall include:
L The name(s) of the owner(s) for all components of the system.
ii. The signature(s) of the property owner(s).
iii. The names and addresses of the person(s) responsible for operation and
maintenance. If responsibility is to be contracted to a third party, a copy of the
maintenance agreement(s) must be provided.
iv. A plan or map showing the location of the systems and facilities including easements,
catch basins, manholes/access lids, main, and stormwater devices.
v. An Inspection and Maintenance Schedule for all stormwater management facilities
including routine and non-routine maintenance tasks to be performed.
vi. A list of easements with the purpose and location of each. Easements shall be
recorded with the Essex North Registry of Deeds prior to issuance of a Certificate of
Completion by the Planning Board.
vii. Provisions for the Planning Board or its designee to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
b) Stormwater management easements shall be provided by the property owner(s) as
necessary for:
i. Access for facility inspections and maintenance;
ii. Preservation of stormwater runoff conveyance, infiltration, and detention areas and
facilities, including flood routes for the 100-year storm event;
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iii. Direct maintenance access by heavy equipment to structures requiring regular
maintenance.
c) The O&M Plan shall apply to the entire project site, not just area the disturbance area.
d) At a minimum, inspections shall occur during the first year of operation and in
accordance with the operation and maintenance plan in the approved Land Disturbance
Permit.
e) The owner of the property shall maintain a log of all operation and maintenance
activities, including without limitation, inspections, repairs, replacement and disposal (for
disposal, the log shall indicate the type of material and the disposal location). This log
shall be made available to the Planning Board upon request.
f) Inspection reports for stormwater management systems shall include:
i. The date of inspection;
ii. Name of inspector;
iii. The condition of each BMP, including components such as:
iv. Pretreatment devices
v. Vegetation or filter media
vi. Fences or other safety devices
vii. Spillways, valves, or other control structures
viii.Embankments, slopes, and safety benches
ix. Reservoir or treatment areas
x. Inlet and outlet channels and structures
A. Underground drainage
xii. Sediment and debris accumulation in storage and forebay areas (including catch
basins)
xiii.Any nonstructural practices
xiv.Any other item that could affect the proper function of the stormwater management
system
xv. Description of the need for maintenance,
9.2 Changes to Operation and Maintenance Plans
The owner(s) of the stormwater management system must notify the Planning Board or its
Agent of changes in ownership or assignment of financial responsibility.
The maintenance schedule in the O&M Plan may be amended to achieve the purposes of this
Stormwater Management and Erosion Control Bylaw and Regulations by mutual agreement of
the Planning Board and the Responsible Parties. Amendments must be in writing and signed
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by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial
responsibility, and persons with operational responsibility.
9.3 Operations & Maintenance Records
Parties responsible for the operation and maintenance of a stormwater management facility
shall provide records of all maintenance and repairs to the Planning Board upon request.
Parties responsible for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and repairs, and shall retain the
records for at least five (5) years. These records shall be made available to the Planning Board
during inspection of the facility and at other reasonable times upon request.
If a responsible person fails or refuses to meet the requirements of the O&M Plan, the Planning
Board, after thirty (30) days written notice (except, that in the event the violation constitutes an
immediate danger to public health or public safety, 24 hours notice shall be sufficient), may
correct a violation of the design standards or maintenance requirements by performing the
necessary work to place the facility or practice in proper working condition. The Planning Board
may assess the owner(s) of the facility for the cost of repair work, which shall be a lien on the
property.
10.0 INSPECTIONS AND SITE SUPERVISION
10.1 Preconstruction Meeting
Prior to clearing, excavation, construction, or any land disturbing activity requiring a permit, the
applicant, the applicant's technical representative, the general contractor, pertinent
subcontractors, and any person with authority to make changes to the project, shall meet with
the Planning Board's representative to review the permitted plans and proposed
implementation.
10.2 Notice of Construction Commencement
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